Allen v. State

ON REHEARING.

MORROW, Presiding Judge.

— Appellant insists that in giving consideration to the paper described in the former opinion as the original charge of the court, we were in error, as that document was not properly before the court as a part of the transcript. Our treatment of it as a part of the record was upon the assumption that it was before the court by agreement of the parties. It appears from the motion for rehearing, however, that whether there was such an agreement is a controverted question, and the motion for rehearing will be discussed' in this opinion without reference to…